| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the membership of the Public Utility Commission of |
|
|
Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.051(a), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(a) The commission is composed of five [three] |
|
|
commissioners appointed by the governor with the advice and consent |
|
|
of the senate. |
|
|
SECTION 2. Section 12.053, Utilities Code, is amended by |
|
|
amending Subsections (a) and (b) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) To be eligible for appointment, a commissioner must: |
|
|
(1) be a qualified voter; |
|
|
(2) be a citizen of the United States; |
|
|
(3) be a resident of this state; |
|
|
(4) be a competent and experienced administrator; |
|
|
[(4) be well informed and qualified in the field of |
|
|
public utilities and utility regulation;] and |
|
|
(5) have at least five years of experience: |
|
|
(A) in the administration of business or |
|
|
government or |
|
|
(B) as a practicing attorney, [or] certified |
|
|
public accountant, or professional engineer. |
|
|
(a-1) At least two commissioners must be well informed and |
|
|
qualified in the field of public utilities and utility regulation. |
|
|
(b) A person is not eligible for appointment as a |
|
|
commissioner if the person: |
|
|
(1) at any time during the one year [two years] |
|
|
preceding appointment: |
|
|
(A) personally served as an officer, director, |
|
|
owner, employee, partner, or legal representative of a public |
|
|
utility regulated by the commission or of an affiliate or direct |
|
|
competitor of a public utility regulated by the commission; [or] |
|
|
(B) owned or controlled, directly or indirectly, |
|
|
more than a 10 percent interest in a public utility regulated by the |
|
|
commission or in an affiliate or direct competitor of a public |
|
|
utility regulated by the commission; or |
|
|
(C) served as an executive officer listed under |
|
|
Section 1, Article IV, Texas Constitution, other than the secretary |
|
|
of state, or a member of the legislature; or |
|
|
(2) is not qualified to serve under Section 12.151, |
|
|
12.152, or 12.153. |
|
|
SECTION 3. (a) Not later than the 30th day after the |
|
|
effective date of this Act, the governor shall appoint a person to |
|
|
the Public Utility Commission of Texas to serve as the presiding |
|
|
officer of the commission in accordance with Section 12.053, |
|
|
Utilities Code, as amended by this Act. |
|
|
(b) In making appointments of commissioners to the Public |
|
|
Utility Commission of Texas under Section 12.051, Utilities Code, |
|
|
as amended by this Act, the governor shall assign staggered terms to |
|
|
the commissioners appointed to fill vacancies and to the |
|
|
commissioners appointed to new positions to ensure that the |
|
|
requirements of Section 30a, Article XVI, Texas Constitution, are |
|
|
met. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |